| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 202 (Mar) |
| Neutral Citation: | [2002] EWCA Civ 316 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Sir Andrew Morritt V-C, Robert Walker and Rix LJJ |
| Representation | Denise McFarland (instructed by D J Freeman) for the claimant. |
| Kevin Garnett QC and Gwilym Harbottle (instructed by Withers) for the defendants. | |
| Judgment Dates: | 14 March 2002 |
Catchwords
Design right - Infringement - Originality - Unregistered design right in clothing - Alleged originality resulting in part from mistake - Whether design original - s 213(1).
The Case
The fact that a feature differentiating a design from an earlier design had come about by mistake did not, of itself, mean that the design was not original. Whilst the adoption of a mistake might not have contributed much by way of labour, it could certainly have been the product of skill.
Practice Areas
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